defined in s.9 of Theft Act 1968 - two seperate offences. 91a and 91b.
the D enters the building, or part of a building as a trespasser and with intent to commit one of three ulterior offences;
- 1. to steal
- 2. to inflict GBH.
- 3. cause criminal damage to the building or anything in it.
the D having entered the building, or part of a building as a tresspasser, commits one of two offences
- 1. stealing or an attempt to do so
- 2. inflicting or attempting to inflict GBH on any person in the building.
THERE IS CONSIDERABLE OVERLAP BETWEEN 91a & 91b = IT IS POSSIBLE FOR SOMEONE TO COMMIT BOTH OFFENCES.
- a building or part of a building
- as a trespasser
R V COLLINS - entry has to be 'effective and substancial'
R V BROWN - held that entry only had to be 'effective'
R V RYAN - ruled that being part way through a window and becoming stuck is also effective.
building or part of…